Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney to discuss the specifics of your case.
Detailed Answer
Under Utah’s fault-based system, you can seek vehicle damage compensation separately from a bodily injury claim. Utah allows both a first-party claim with your own insurer and a third-party claim against the at-fault driver’s insurer. Follow these steps to protect your rights.
1. Document and Preserve Evidence
• Take clear, time-stamped photos of all vehicle damage.
• Record the accident location, date, time, and weather conditions.
• Obtain contact and insurance details for every driver involved and any witnesses.
2. File a First-Party Claim (Collision Coverage)
If you carry collision insurance, notify your insurer promptly. This claim covers damage to your vehicle regardless of fault. After repairs, your insurer may subrogate (seek reimbursement) from the at-fault driver’s insurer.
3. Submit a Third-Party Claim
1. Notify the at-fault driver’s insurer in writing. Include a demand letter with:
– A clear statement of fault and coverage limits.
– Repair estimates or invoices.
– Photos and the police report.
2. Utah law does not set a shorter deadline for filing a property damage claim, but you should act quickly to preserve evidence.
4. Track the Insurer’s Response
By statute, insurers must acknowledge a property damage claim within 15 days and accept or deny within a reasonable time (Utah Code §31A-22-302). If the insurer delays unreasonably, you may send a second demand or consider filing suit.
5. File Suit if Necessary
If negotiations stall, you can sue for property damage in small claims (up to $11,000) or district court for higher amounts. The statute of limitations for property damage is four years from the accident date (Utah Code §78B-2-307).
6. Preserve Your Bodily Injury Claim
Filing a property damage suit does not waive your right to pursue bodily injury. Utah gives you four years to file a personal injury action (Utah Code §78B-2-307). You can resolve the damage claim quickly while investigating any injuries.
Helpful Hints
- Keep a detailed accident journal, noting repair appointments and conversations with insurers.
- Obtain at least two independent repair estimates to strengthen your demand.
- Review your policy’s deductible and coverage limits before filing first-party claims.
- Follow up in writing and maintain copies of all correspondence.
- Consider mediation or appraisal clauses in your policy if the insurer disputes repair costs.
- Seek legal help early if the insurer undervalues your claim or denies coverage.